Common Pitfalls in Land Surveying: Avoiding Penalties Under Statute 505
If you are a professional surveyor in the great state of Minnesota, then here is something you already know: you had better follow all 10,403 words of Minnesota Statute 505 to the letter. Failing to adhere to the state government’s instructions for creating plats, coordinates and surveys could land you in trouble!
Despite being one-third as long as Of Mice and Men, Minnesota statute 505 details only one consequence for breaking its rules. It is MN §505.33: Any person who intentionally removes, destroys, or defaces a monument lawfully erected is guilty of a misdemeanor.
A non-surveyor can comprehend §505.33 easily enough. If you happen across a monument – i.e. a physical object which exists as a key point for an existing survey – leave it alone. Moving it would render another surveyor’s work inaccurate. Rightly or wrongly, moving a monument could also attract allegations of fraud.
As you might imagine, §505.33 does not describe the only penalty Minnesota surveyors must know. The law makes several other requirements of surveyors; failure to comply could result in penalties ranging from nothing (realistically, if you’re never caught) to a fine or loss of license.
Provide Notification of Entry
Does a surveyor need to locate an existing survey landmark? If it is on someone else’s land, then they can lawfully go there – but only after notifying the owner or occupant. This requirement is detailed in §505.31, which also makes surveyors responsible for any and all damages caused by their entry.
Perpetuate All Corners
Corner monuments are paramount to an existing survey’s accuracy. They are so important that prohibiting surveyors from interfering with them isn’t enough. That’s why §381.12 exists. It requires surveyors to set up corner monuments in such a way that prevents accidental disturbance by routine activities.
Include Registration Number
Is a surveyor leaving behind any monuments or other permanent evidence of their survey? Then they must inscribe their registration number onto said evidence. This requirement is prescribed by §505.32, which also makes the same requirement as §505.33: do not upset any previously existing survey or reference points.
Obey Rules of Professional Conduct
Surveyors are subject to many laws and rules, the latter of which include the Rules of Professional Conduct as determined by the Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design (AELSLAGID). These rules include standards of competence, obligation to provide full disclosure, and conflict of interest. If a surveyor violates any of these rules, then their reputation may suffer badly for it (and that’s to say nothing of any official sanctions which could follow).
Surveying isn’t just a physically and mentally demanding profession. In addition to technical skill, it also requires familiarity with the law – just one more reason why it’s strictly a job for professionals.
Are you planning a new development? Do you need to define your existing property’s boundary lines, for any reason? Do you hope to resolve a boundary dispute without setting foot in a courtroom? Then we encourage you to contact Compass Consultants for expert surveying in Minnesota, North Dakota or South Dakota. Our experienced surveyors are well versed in every law and rule that applies to their profession, and will make certain your survey is completed strictly by the book.
Disclaimer: Compass Consultants is not a law firm. We are not attorneys; we are not qualified to give legal advice. No information contained on this website is intended to be construed as legal advice
